CIC: Informing the total number of short-listed candidates, eligibility criteria for short-listing the candidates, etc. would not invade the personal information of third party and would not attract Section 8(1)(j) of the RTI Act; Sec 2(f) wrongly invoked

Information sought:

The Appellant filed an RTI application dated 17.11.2022 seeking the following information:

“Kindly provide following information related to advertisement no. 2/2021 for the recruitment of Scientist-B in National Dope Testing Laboratory in public interest.

1) How many candidates were shortlisted for the interview against the 6 vacancies categories wise?

2) What is the ratio of shortlisted candidates out of the total candidates’ forms received for the 6 advertised posts?

3) What is the eligibility criteria of shortlisting a PWBD candidate for the interview?

4) Is there any PwBD candidate shortlisted for the interview against the 6 vacancies as mentioned in the advertisement? If not, then provide how many PwBD candidates sent their form for the post?

5) How many PwBD candidates were rejected or not suitable for the post categories wise?

6) Is there any PwBD candidate in the final list of selection for the same post as mentioned in the advertisement?

7) What is the shortlisting criteria for the interview?

8) Provide a final mark list of the selected candidates?”

The CPIO furnished a pointwise reply to the Appellant on 02.12.2022 stating as under:

“Point No. 1, 5 & 8:

The query raised by the applicant cannot be answered as it does not come under the scope of the RTI Act, 2005. Moreover, it is not information under Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, 2005.

The information relates to personal information of the candidates who applied for the post of Scientist ‘B' in NDTL, the disclosure of which has no relationship to any public activity or interest, and this would cause unwarranted invasion of privacy of the individuals. Moreover, this CPIO is under no obligation to disclose the number of candidates who were shortlisted for the interview in the six vacancies categories wise. As such, this is exempted from disclosure of the information under Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act, 2005 and, therefore the said information cannot be furnished to the applicant.

Point No. 2, 3, 4, 6 & 7:

The query raised by the applicant cannot be answered as it does not come under the scope of the RTI Act, 2005. Moreover, it is not information under Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, 2005.”

Being dissatisfied, the Appellant filed a First Appeal dated 14.12.2022. FAA’s order, dated 26.12.2022, upheld the reply of the CPIO.

Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerging during Hearing:

The following were present:-

Appellant: Present through Intra Video-Conference.

Respondent: Tarun Handa, Scientist-D and Manmohan Gupta present through Intra Video-Conference.

The Appellant, during the hearing, reiterated the contents of his RTI application and instant appeal and submitted that complete and correct information was not provided to him by the Respondent. The reply given by the CPIO on his RTI application is vague and misleading.

The Respondent submitted that vide their letter dated 02.12.2022, complete pointwise reply/information, as per the documents available on record was provided to the Appellant. The Respondent stated that the FAA had also upheld the reply given by the CPIO.

Decision:

The Commission, after hearing the submissions of both the parties and upon perusal of records, observes that the Appellant is aggrieved that the Respondent has wrongly denied the information on his RTI application.

The Commission observes that the Appellant had sought specific information in his RTI application but the Respondent has wrongly invoked Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; and 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act in denying the information. Informing the total number of short-listed candidates, eligibility criteria for short-listing the candidates, etc. would not invade the personal information of third party and would not attract Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act.

The Commission further observes that the information sought by the Appellant on point nos. 4 and 6 of the RTI application are more in the nature of seeking explanation/opinion/advice/clarification from the CPIO and he has expected that the CPIO should interpret his query and then provide information to the appellant. But the CPIO is not supposed to create information; or to interpret information; or to furnish clarification to the appellant under the ambit of the RTI Act. As per Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, the reasons/opinions/advices can only be provided to the applicants if it is available on record of the public authority. The CPIO cannot create information in the manner as sought by the appellant. The CPIO is only a communicator of information based on the records held in the office and hence, he cannot be expected to do research work to deduce anything from the material therein and then supply it to him.

In light of the above observations, the Commission directs the Respondent to re-examine point nos. 1, 2, 3, 5 and 7 of the RTI application dated 17.11.2022 and give revised point-wise reply/information to the Appellant, as per the provisions of the RTI Act, within a period of 15 days from the date of receipt of this order under due intimation to the Commission.

The appeal is disposed of accordingly.

Saroj Punhani

Information Commissioner

Citation: Jaswant Singh v. National Dope Testing Laboratory, CIC/MOYAS/A/2023/603273; Date of Decision: 02/08/2023